If mother refuses to permit father to meet his daughter father should make application to family court seeking joint custody of daughter
2) court can grant biological father equal access to child
Marriage was under Sharia, divorce also as per sharia law so there's no court order for divorce. Girl Child aged 4 years resides with the mother. What are father s visitation rights in that case that there's no court order. Can the mother deny him to see the child since there's no court order for the same?
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If mother refuses to permit father to meet his daughter father should make application to family court seeking joint custody of daughter
2) court can grant biological father equal access to child
The mother's denial to father for visiting the child would be on the routine basis.
For preventing the father to visit the daughter she need not obtain a court order and moreover the child is in her care and custody, she may not even allow the father anywhere near to the child.
Therefore the solution for the father to visit the child is to approach court with a petition under guardians and wards act seeking child custody and an application for visitation rights as an interim relief.
Visitation rights cannot be denied by either of the spouse. You may refuse if there are chances that he may take away the child.
if the divorce happened under sharia then it is a valid divorce as the law protects the Muslim Personal Law
if the ex-wife denies seeing the child then you will have to apply to the family court for grant of visitation rights
for now nothing stops you from visiting your child
however if your wife creates roadblocks in that then you can approach the family court as above
alternatively your wife may also move the court to injunct you from visiting your child in which case you will have to resist such injunction application
Dear Client,
As per the facts which have been provided, father can make petition in high court seeking joint custody of child.
Hope this clarifies your doubt and requirement.
Thank You.
- If said Divorce is dully accepted by her or under the provision of Khula /Mubarat , then no court order is needed, and she cannot deny to see the child .
- However, if said divorce is not under the provision of Muslim law , then there is not divorce, and legally her relation with you existed.
- Further , if she deny then you can file a petition before the family court for getting visitation right .
Under Sharia, custody of child remains with mother till the child reaches age of seven years with visiting rights to father. After seven years father will have custody of child with visiting rights to mother. A father does have right to visit child till it reaches seven years without any order from Court.